SB 555: RELATING TO WORKERS' COMPENSATION.

THE SENATE	S.B. NO.	555
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to workers' compensation.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§386-     Firefighters and law enforcement officers suffering from disease of the heart.  (a)  A disease of the heart shall be presumed to have been proximately caused by and resulted from the nature of an employee's employment if:

     (1)  The employee has at least two years of full-time, continuous, and uninterrupted service as a firefighter or law enforcement officer in the State; and

     (2)  The disease is diagnosed and causes disablement:

          (A)  During the course of the employee's employment;

          (B)  After the employee ceases employment before completing twenty years of service as a firefighter or law enforcement officer, and during a period after separation from employment that is equal to the number of years worked; or

          (C)  After the employee ceases employment after completing twenty years or more of service as a firefighter or law enforcement officer, at any time during the employee's life.

     (b)  If an employee is separated from service pursuant to subsection (a)(2)(B) or (C), the presumption established in subsection (a) shall not apply if the employee:

     (1)  Frequently or regularly used a tobacco product within the one-year period immediately preceding the filing of a claim; or

     (2)  Materially departed from a physician's prescribed plan of care within the three-month period immediately preceding the filing of a claim.

     (c)  A disease of the heart that results in either temporary or permanent disability or death shall be considered a disease proximately caused by or resulting from the nature of employment and shall be compensable under this chapter if:

     (1)  The disease is caused by extreme overexertion in times of stress or danger; and

     (2)  A relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter who has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

     (d)  Except as otherwise provided in subsection (e), each employee who is to be covered for diseases of the heart under this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage, and thereafter on an annual basis during the employee's employment.

     (e)  During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter shall be required:

     (1)  Upon commencement of employment;

     (2)  Upon commencement of coverage; and

     (3)  Once every three years after the physical examination required pursuant to paragraph (2), until the volunteer firefighter reaches the age of fifty years; provided that a volunteer firefighter who is fifty years of age or older shall submit to a physical examination once every two years during the volunteer firefighter's employment.

     (f)  The employer of the volunteer firefighter shall be responsible for scheduling the physical examination required under subsection (e).  The employer shall mail to the volunteer firefighter a written notice of the date, time, and place of the physical examination at least ten days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

     (g)  Failure to submit to a physical examination that is scheduled by the employee's employer pursuant to subsection (f) shall disqualify the volunteer firefighter from the benefits of this section.

     (h)  The chief of a volunteer fire department may require an applicant to pay for a physical examination required under this section if the applicant is:

     (1)  Applying to the volunteer fire department for the first time as a volunteer firefighter; and

     (2)  Fifty years of age or older on the date of the person's application to the volunteer fire department.

     (i)  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required under this section if the applicant:

     (1)  Paid for the physical examination in accordance with subsection (h);

     (2)  Is declared physically fit to perform the duties required of a firefighter; and

     (3)  Becomes a volunteer with the volunteer fire department.

     (j)  Except as otherwise provided in subsection (h), all physical examinations required pursuant to subsections (d) and (e) shall be paid for by the employer.

     (k)  An employee shall be disqualified from the benefits of this section if the employee:

     (1)  Is ordered by a physician who performs the physical examination required by subsections (d) and (e) to correct a predisposing condition that leads to heart disease;

     (2)  The correction ordered under paragraph (1) is within the ability of the employee; and

     (3)  The employee fails to correct the predisposing condition as ordered under paragraph (1).

     (l)  A person who is determined to be:

     (1)  Partially disabled from an occupational disease pursuant to the provisions of this section; and

     (2)  Incapable of performing, with or without remuneration, work as a firefighter or law enforcement officer,

may elect to receive the benefits provided under section 386-31 for a permanent total disability.

     (m)  Claims filed under this section may be reopened at any time during the life of the employee for further examination and treatment of the employee upon certification by a physician of a change in circumstances related to the disease that would warrant an increase or rearrangement of compensation.

     (n)  As used in this section:

     "Firefighter" means a person who works for a state or county agency and whose principal duties are to prevent and fight fires.  "Firefighter" includes a volunteer firefighter.

     "Law enforcement officer" means a sheriff or deputy sheriff, a police officer, an enforcement officer within the division of conservation and resources enforcement of the department of land and natural resources, a special agent of the department of the attorney general, and any other public servant vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

     "Volunteer firefighter" has the same meaning as in section 386-181(a)."

     SECTION 2.  Section 386-82, Hawaii Revised Statutes, is amended to read as follows:

     "§386-82  Claim for compensation; limitation of time.  (a)  The right to compensation under this chapter shall be barred unless a written claim therefor is made to the director of labor and industrial relations[[]:[]]

     (1)  Within two years after the date at which the effects of the injury for which the employee is entitled to compensation have become manifest; and

     (2)  Within five years after the date of the accident or occurrence which caused the injury.

     (b)  The [foregoing] limitations of time described in subsection (a) shall not apply to a claim for injury [caused]:

     (1)  Caused by compressed air [or due];

     (2)  Due to occupational exposure to, or contact with, arsenic, asbestos, benzol, beryllium, zirconium, cadmium, chrome, lead, fluorine, or other mineral or substance with carcinogenic properties, as incorporated in the Hawaii Occupational Safety and Health Standards[, or];

     (3)  Due to exposure to X-rays, radium, ionizing radiation, or radioactive substances[,]; or

     (4)  Disease of the heart under section 386-      ,

but [such] the claim shall be barred unless it is made to the director, in writing, within two years after knowledge that the injury or disease was proximately caused by, or resulted from the nature of, the employment.  The claim may be made by the injured employee or the employee's dependents or by some other person on the employee's or their behalf.  The claim shall state in ordinary language the time, place, nature, and cause of the injury."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Workers' Compensation; Firefighters; Law Enforcement Officers; Heart Disease

 

Description:

Creates a presumption for workers' compensation purposes that diseases of the heart in firefighters and law enforcement officers were proximately caused by and resulted from the nature of the person's employment if certain conditions are met.  Exempts injuries caused by disease of the heart from certain time limitations applicable to workers' compensation claims.  Establishes a process for regular physical examinations of firefighters and law enforcement officers to reduce heart disease risks.

 

 

 

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